Rent and lifelong maintenance agreement with a dependent on an apartment, sample agreement

What is a life annuity agreement?

Within the framework of Article 583 of the Civil Code of the Russian Federation, rent is a paid agreement, on the basis of which one party, the owner of the apartment, transfers the property to the second party with the transfer of ownership.

At the same time, the payment for property is not a one-time payment, but monthly transfers in the form of additional income or the provision of household services for the maintenance of an elderly person.

Recipients of rent can be:

• owner of the apartment in full or only part of it;
• spouses - an elderly couple;
• a third person, for example, an elderly grandmother.

Thus, on the basis of a rent agreement, the owner of an apartment can transfer it to another person, subject to lifelong or permanent maintenance personally for him or his relatives.

Rent payers can be:

• private individuals: neighbors, acquaintances;
• legal companies.

Important! A legal entity has the right to enter into a lifelong annuity agreement with a citizen only if this type of activity is specified in the statutory documents.

Life annuity agreements are different from other forms of real estate transactions. Their peculiarity is that the owner transfers ownership of his home to another person, but with the encumbrance that he himself acts. Rent recipients are usually single elderly people who need support and assistance.

An annuity is a special type of transaction that provides for the transfer of real estate in exchange for financial support for the owner until his death. The owner lives in the apartment until the end of his life and receives rent in the form of cash payments, and after his death the apartment passes to the rent payer, with whom a corresponding agreement has been concluded. There is also a type of deal that does not imply fixed payments, but maintenance with the provision of care services. For example, this could be purchasing food and medicine, providing medical care, paying utility bills, cleaning, necessary home repairs, etc. This is called “lifetime dependent support.” The recipient of the rent is the owner of the apartment or, for example, the spouse, but these are always individuals. If more than one person is the recipient, the contract term ends with the death of the last recipient. To become a recipient of life rent or maintenance, you must be the sole owner of the apartment that will be transferred to the rent payer. The apartment itself should not have any encumbrances or restrictions on its disposal. Rent payers can be individuals and organizations. Payments - how the amount of rent is determined If we are talking about rent, and not about maintenance, then the amount of payments is agreed upon. The amount of rent should not be lower than the subsistence level of the region where the recipient lives. As the cost of living per person increases, payments are indexed. As a rule, payments are made monthly, unless the contract specifically stipulates other terms. Rent or maintenance agreements do not have a specific form; they are always drawn up individually. Each of them must formulate and set out in detail a list of conditions that the rent payer must comply with. For example, in the case of rent, the total cost of housing, the size of the monthly cash payment and the timing of its payment are indicated. If an elderly person wants to receive maintenance, then all the services he needs must also be described in the contract. An annuity or lifelong maintenance agreement must be notarized. The notary assesses whether the owner of the apartment is legally capable and whether he is aware of all the possible consequences of the transaction. If there are no obstacles, he draws up and certifies the document. The certified contract must be submitted to Rosreestr and the state fee must be paid. When the transfer of rights is registered, the new owner of the property receives an extract from the Unified State Register of Real Estate. But the obligations under the rent agreement do not give him the right to dispose of the property. Only after the death of the former owner can the new owner remove the encumbrance from the apartment. Agreements of annuity or life support with a dependent are terminated either by agreement of the parties or through the court. A transaction may be declared invalid if the terms of the contract were not fulfilled and the annuity recipient has justified claims against the other party. For example, if they stopped caring for an elderly person or paying him contributions.

Types of annuity agreement

The law provides for a permanent and lifelong annuity agreement, which has some distinctive features:

Subsection 4 of Chapter 33 of the Civil Code of the Russian Federation provides for a third option, namely lifelong annuity with dependents, which implies the same transfer of the apartment to another person. However, in addition to monthly payments, the annuity payer also guarantees the provision of a number of services that an elderly person may need.

So, on the basis of Article 602 of the Civil Code of the Russian Federation, the annuity payer can additionally provide the pensioner with clothing, food, and medicines . He can also provide him with alternative housing or provide burial after his death. In some cases, the life annuity agreement with dependency includes the services of hiring a nurse, the number of visits per week or month, as well as delivery to a medical facility.

Redemption of permanent annuity

6.1. The redemption of permanent annuity is carried out through a one-time

payment by the Payer of the redemption price of the permanent annuity to the Recipient of the annuity.

6.1.1. Statement on the Rent Payer’s refusal to make further payments

annuity, drawn up in writing, is submitted to the annuity recipient no later than

________________ (specify the period) until the annuity payment ceases.

6.1.2. The redemption price of a permanent annuity is _________ (specify

amount in rubles).

6.2. The right to redeem a permanent annuity cannot be exercised

___________________________ (during the life of the Rent Recipient or indicate

any other period, but not more than thirty years from the date of conclusion of the contract).

6.3. The obligation to pay rent ceases upon receipt

the entire amount of the redemption by the annuity recipient.

Terms of a life annuity agreement

The subject of the rent agreement is real estate on the basis of a paid transaction. In such a situation, when transferring ownership rights, certain requirements are imposed on the contract. Thus, by virtue of Article 584 of the Civil Code of the Russian Federation, a document must be notarized. Moreover, if under the terms of the agreement the apartment is subject to alienation, the agreement must undergo state registration with Rosreestr.

Certain requirements for the parties to the contract are also established by law. In particular, if the recipient of the rent is an incapacitated citizen, and the apartment belongs to him, in pursuance of Article 37 of the Civil Code of the Russian Federation, the transaction must be agreed upon with the guardianship and guardianship authorities.

Also, the lifelong rent agreement for an apartment must include the following mandatory conditions:

• duration of the agreement;
• the amount of rental payments;
• list of services and frequency of their provision;
• payment terms;
• the right to reside in the alienated property or the provision of other residential premises;
• procedure for termination of the contract.

Important! When transferring a share of an apartment under a life annuity agreement with a dependent, the rules of Article 250 of the Civil Code of the Russian Federation on the right of first refusal do not apply due to the fact that the will to conclude an agreement is of an individual and personal nature in accordance with clause 1.2 of Resolution of the Plenum of the Armed Forces of the Russian Federation No. 4.

Change and termination of the contract

10.1. All changes and additions to this agreement must be

made in writing, signed by the parties, notarized

certified and registered with the same judicial authority that

registered this agreement.

10.2. The obligations of the parties under this agreement terminate in

case:

- repurchase by the Payer of permanent annuity at his own request, and

also in the cases provided for in clause 3.1.1 of this agreement;

— termination of the contract at the request of the Rent Recipient in the event

violation by the Rent Payer of its obligations;

— refusal of the Rent Recipient from further receipt of rent payments.

Pros and cons of a life annuity agreement

At first glance, the parties to a life annuity agreement enter into a mutually beneficial deal, but the document has not only advantages, but also disadvantages.

So the undoubted advantages are:

• the opportunity to live in your own apartment until the last days of life;
• receive not only additional income, but also a number of services in the form of supervision and assistance;
• The contract can be terminated in court in case of any significant violations with the return of the apartment to the owner.

The rent payer receives:

• the prospect of purchasing your own home at a lower cost than when concluding a purchase and sale agreement;
• at the request of the annuity recipient, ownership can be registered immediately;
• under the terms of the rental agreement, the pensioner can be provided with other housing.

However, against the backdrop of rosy prospects for both sides, there are also certain risks. Thus, a pensioner, due to inexperience and due to his advanced age, may encounter scammers who, after drawing up an agreement, will fulfill the conditions nominally. And for the rent payer, the negative aspects are:

• the inability to re-register the apartment and use it until the transfer of the rent recipient to another world;
• challenging the validity of the contract by potential heirs for the apartment;
• appeal to the court by the annuity recipient due to failure to fulfill even his minor instructions to cancel the contract;
• an indefinite period for the transfer of payments and the provision of services, which in total may cost more than housing;
• impossibility of purchasing the apartment before the death of the rent recipient;
• mandatory consent of the pensioner for the disposal of the apartment, in particular occupancy.

Important! Under Article 597 of the Civil Code of the Russian Federation, the monthly rent cannot be less than the subsistence level established in the region. At the same time, in view of annual inflation and revision of the minimum, the contract must be adjusted.

Final provisions

11.1. This agreement comes into force from the moment of state

registration with the justice authority at the location of the land plot

notarized agreement.

11.2. The agreement is drawn up in _____ copies.

11.3. The costs of concluding this agreement are paid by

_____________ (Rent Recipient, Rent Payer or other person -

FULL NAME. citizen, name of organization).

11.4. As an integral part of this agreement

attached:

- certificate of title on which the land plot belongs

To the annuity recipient, issued by _____________________ (by whom, when);

— plan of the land plot or drawing of the boundaries of the land plot;

— summary statement of assessment of structures, buildings and structures,

located on the land plot (attached when including buildings,

buildings and structures subject to the contract);

— power of attorney of the person authorized by the Rent Recipient to act on behalf of

his name when concluding the contract (attached in case of signing

agreement by a person authorized by the Rent Recipient);

- power of attorney of the person authorized by the Rent Payer to act on behalf of

his name when concluding the contract (attached in case of signing

agreement by a person authorized by the Rent Payer);

- an act of establishing the standard price of a land plot, issued by

district (city) committee on land resources and land management;

— copies of lease agreements, temporary use, collateral,

concluded by the Rent Recipient with third parties on the subject of this

contracts;

- act of evaluation of the subject of the contract (in the case of evaluation of the subject of this

contract by a professional appraiser).

We conclude a life annuity agreement

Drawing up a life annuity agreement involves a fairly multi-step combination. After all, at the initial stage you have to not only find an elderly citizen, but also make sure of his readiness not only to transfer his property, but also to communicate with him for at least several years and treat him as a relative.

The next step will be collecting a package of documents, which should include:

• identification of the parties;
• title documents for the apartment;
• consent of the spouse if the housing was purchased during marriage;
• permission from the guardianship authorities if the annuitant is declared incompetent;
• an extract from the house register about persons registered in the residential premises.

The next step will be to draw up an annuity agreement including essential and additional conditions. Then the document must be notarized and registered with Rosreestr. A sample life annuity agreement can be found on the website https://pravo812.ru/dokumenty-blanki-zayavleniya/1384-obraztsy-dokumentov-i-gotovye-blanki-dlya-skachivaniya.html.

What terms of the contract cannot be changed?

There are several terms of the annuity agreement that cannot be changed. These include:

1. Amount of rent . The monthly payment should not be lower than the subsistence level, and if the former owner is a dependent - two subsistence minimums. And since this indicator tends to change, the amount of payment is also subject to adjustment.
2. Real estate pledge . When the rent agreement comes into force, the apartment automatically becomes the property of the payer, and the recipient becomes the mortgagee. But he cannot dispose of it at his own discretion - sell, give, etc.
3. Damage or destruction of housing . Responsibility for the safety of property rests with the tenant. But if the property is destroyed for reasons beyond the control of the owner, the contract does not lose its force. The payer must continue to pay the due amount. If the property is destroyed as a result of the actions of the pledgee, then the contract is terminated.